Dilip Trikannad Rao v. Uma Trikannad Rao (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th November, 2024.

CALLED FOR COMPLIANCE :

33.TP/4421/2024 [Original] (ECHCBM02222392023) with WILL/1757/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mahmood Ali i/b Gaurav Rajgore, Advocate for the Petitioner.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Dilip Trikannad Rao, being the Sole Executor named under the Will of the deceased.

Deceased Uma Trikannad Rao alias Umaprabhakar Rao, said to have died at Mumbai on 25.09.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copies of Aadhar Card and Pan Card are annexed to the Petition.

2. Mr. Ali, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai, on 03.06.2015 and 25.08.2015 respectively. The said Will is in English language.

3. Mr. Ali, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased predeceased the deceased. Exhibit - C is the copy of death certificate of the husband of the deceased. The deceased had only two sons and no daughter. Save and except as mentioned in para - 11, there are no other legal heirs and next of kin left by the deceased. The Ld.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Advocate for the Petitioner submits that the delay in making present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation for the purpose of administration and distribution of the properties left by the deceased. Hence, Hon'ble Court in the interest of Justice may condone delay in filing present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para - 11 is on record. Affidavits of Rohini V. Ambekar and Anita M. Desai, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

12.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master